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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 6, 2012, the Defendant was issued a summary order of KRW 3.5 million from the Busan District Court's Dong Branch on May 16, 2014 to a fine of KRW 3.5 million for the same crime.
On September 17, 2017, around 00:02, the Defendant driven BM5 car with approximately 30 meters alcohol concentration 0.107% while under the influence of alcohol from the Saemaul Treasury parking lot in Busan Metropolitan City, Busan Metropolitan City, to the roads in front of the Agricultural Cooperative in the same Gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (referring to a report on review as to whether the person has violated drinking regulations at least twice);
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the defendant's main record of sentencing is not less light, and that the defendant has the same criminal record, etc. is disadvantageous.
However, there are favorable circumstances such as the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, and that the defendant has no criminal record exceeding the fine.
In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.
[Sentencing Criteria] - No sentencing criteria are set.